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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND THIRTY- SIXTH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 8, A. D.
1991
SECOND SESSION COMMENCED AND HELD AT DOVER
On Thesday, January 14, A. D.
1992
VOLUME LX VIII
Part I

LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND THIRTY-SIXTH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 8, A.D.
1991
SECOND SESSION COMMENCED AND HELD AT DOVER
On Thesday, January 14, A.D.
1992
VOLUME LX VIII
Part I
A49513
i
1
CHAPTER I
FORMERLY
SENATE BILL NO. 14
AN ACT AWARDING SPECIAL PENSION BENEFITS TO JAMES H. HARBISON, TRANSFERRING
MONIES INTO THE SPECIAL PENSION FUND CREATED BY VOLUME 61, CHAPTER 455,
LAWS OF DELAWARE, AND DIRECTING THE BOARD OF PENSION TRUSTEES TO ADMINISTER
PAYMENT OF THE PENSION PROVIDED BY THIS ACT AS IF THE AWARD WERE PURSUANT
TO CHAPTER 55, TITLE 29, DELAWARE CODE.
WHEREAS, James H. Harbison is currently employed as Executive Secretary
by the Commission of Veterans Affairs, Department of State, State of Delaware;
and
WHEREAS, James H. Harbison, prior to becoming a state employee, served over
six years as a member of the Governor's Veterans Affairs Committee established
by Executive Order No. 67, dated December 15, 1978; and
WHEREAS, James H. Harbison has distinguished himself as a respected,
tenacious and exceptionally competent spokesman for Delaware's military
veterans with members of both the Executive and Legislative Branches of
Delaware government; and
-
WHEREAS, James H. Harbison has, for the past year, been engaged in an
unrelenting battle against the ravages of cancer; and
WHEREAS, James H. Harbison has only accrued four and one-half years of
creditable serve in the Delaware State Employees' Pension Plan; and
WHEREAS, James H. Harbison should be rewarded for his dedicated and devoted
service to the State of Delaware and her approximately 79,000 veterans.
NOW, THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. The Board of Pension Trustees is hereby authorized and directed
to grant James H. Harbison, a disability pension, effective the month after
his termination from State service or after his death as if such pension were
awarded pursuant to Chapter 55, Title 29 of the Delaware Code.
Section 2. The Budget Director and the Controller General are authorized
to transfer the sum of $21,620.22 from the Budget Office Contingency
Appropriation in Senate Bill No. 500 of the 135th General Assembly for Budget
Office Contingency (10-02-04), to the Special Pension Fund authorized by
Volume 61, Chapter 455, Laws of Delaware, for the purpose of implementing the
provisions of Section 1 of this Act.
Approved January 18, 1991.
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CHAPTER 2
FORMERLY
HOUSE BILL NO. 25
AS AMENDED BY HOUSE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 21, TITLE 21, OF THE DELAWARE CODE TO ALLOW SPECIAL
PLATES FOR MEMBERS OF THE DELAWARE NATIONAL GUARD AND RESERVES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE
(three-fifths of all members elected to each House thereto concurring
therein):
Section 1. Amend Chapter 21, Title 21, Delaware Code by adding the
following new section:
12139A. Special license plates for members of the Delaware National Guard
and Reserves.
The owner of any vehicle described in paragraph (b) of this section
may apply to the Department for the assignment to that vehicle of a special
Delaware National Guard or Reserve number; provided, however, the owner of the
vehicle must possess official documentation which indicates he or she is a
bona fide member of the Delaware National Guard or Reserves.
This section shall apply only to:
I. A private passenger vehicle; or
2. A truck with no more than a three-fourth ton manufacturer's rated
capacity.
Other than the annual registration fee required by this title, no fee
shall be required for registration under this section; however, the original
application shall be subject to a $10 administrative fee.
Only 1 special license plate shall be issued to an applicant.
(0 The Department shall reserve sufficient special license plates,
including appropriate letters and numbered consecutively, beginning with the
numeral 1, as are required under this section.
Upon receipt of any official correspondence from the Delaware National
Guard or Reserve advising that the individual to whom a special plate has been
Issued is no longer affiliated with the National Guard or Reserve such special
plate shall be forfeited and/or revoked immediately.
This bill shall become effective 60 days after its enactment into law.
Approved January 28, 1991.
CHAPTER 3
FORMERLY
SENATE BILL NO. 22
AS AMENDED BY SENATE AMENDMENT NOS. 1 AND 2
AN ACT TO REINCORPORATE THE TOWN OF ELSMERE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Twothirds
of all members elected to each House thereof concurring therein):
Section 1. Amend the provisions of 48 Laws of Delaware, Chapter 43,
entitled "An Act to ReIncorporate the Town of Elsmere, New Castle County" by
substituting therefor the following:
"ARTICLE I: INCORPORATION
Section 101. Incorporation
The municipal corporation of the State of Delaware now known as the
'The Town of Elsmere' and the inhabitants thereof within the corporate
limits as defined in Article I, Section 102 of this Charter or subsequently
altered by annexation procedures shall, under the name of 'The Town of
Elsmere', continue to be a municipal body politic in perpetuity.
Section 102. Boundaries
The boundaries of the Town of Elsmere shall continue as heretofore
existing under the Charter of 'The Town of Elsmere' immediately prior to
the enactment of this Charter.
The Council of the Town of Elsmere may at any time hereafter cause a
survey and plot to be made of said Town and said plot, when made and
approved by the Council, shall be recorded in the Office of the Recorder of
Deeds in and for New Castle County, State of Delaware, and the same or the
record thereof, or a duly certified copy of the said record shall be in
evidence in all courts of law and equity in this State.
Section 103. Annexation
If and when a majority of the property owners in territory contiguous
to the Town of Elsmere shall sign a petition seeking to have the areas in
which said property owners reside annexed to the Town of Elsmere and submit
the petition together with a survey of the areas proposed for annexation to
the Council of the Town of Elsmere, said Council shall submit the question
of annexation to the voters of the Town of Elsmere. If a majority of said
voters, at a special election held for that purpose, shall vote in favor of
the proposed annexation, then said area as shown on said survey, shall
become and be a part of the Town of Elsmere. The annexed area shall become
and be a part of the district to which said area is contiguous. If the
annexed area is contiguous to more than one district, the annexed area
shall become part of the district with which it has the longest common
boundary.
Section 104. Districts
The Town of Elsmere shall be divided into six districts as follows:
(1) BEGINNING at a point of intersection of the center line of New
Road with the center line of Dupont Road; thence easterly along the center
line of DuPont Road to its intersection with Little Mill Creek and the
southerly boundary line of the Town of Elsmere; thence along the southerly,
easterly and northerly boundary lines of the Town of Elsmere to its
intersection with the center line of gray Avenue to its intersection with
the center line of Pardee Avenue; thence northwesterly along the center
line of Pardee Avenue to its intersection with the center line of Cleveland
Avenue; thence southwesterly along the center line of Cleveland Avenue to
its intersection with the center line of DuPont Road; thence southwesterly
along the center line of DuPont Road to its intersection with New Road and
the point and place of BEGINNING.
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BEGINNING at the point of intersection of the center line of New
Road with the center line of DuPont Road; thence southeasterly along the
center line of DuPont Road to its intersection with Little Mill Creek;
thence southwesterly along Little Mill Creek and the southerly boundary
line of the Town of Elsmere to its intersection with the extension of the
center line of Belmont Avenue; thence northerly along the center line of
belmont Avenue to its intersection with the center line of Maple Avenue
West; thence northeasterly along the center line of Maple Avenue West to
its intersection with the extension of Birch Avenue; thence northwesterly
along the center line of Birch Avenue and its extensions to its
intersection with the center of New Road; thence northeasterly along the
center line of New Road to its intersection with the center line of DuPont
Road and the point and place of BEGINNING.
BEGINNING at the point of intersection of the center line of New
Road with the extension of the center line of Birch Avenue; thence
southeasterly along the center line of Birch Avenue; thence southeasterly
along the center line of Birch Avenue and its extensions to its
intersection with the center line of Maple Avenue West; thence
southwesterly along the center line of Maple Avenue West to its
intersection with the center line of Belmont Avenue; thence southerly along
the center line of Belmont and its extension to its intersection with
Little Mill Creek; thence northwesterly along Little Mill Creek; thence
southwesterly and northwesterly along Little Mill Creek; thence
southwesterly and northwesterly along Little Mill Creek and the
southwesterly boundary line of the Town of Elsmere to its intersection with
the center line of Chestnut Run (West Branch) to its intersection with the
center line of Maple Avenue to its intersection with the center line of
Maple Avenue to its intersection with the center line of Maple Avenue to
its interesection with the center line of Sycamore Avenue, approximately
320 feet to its intersection with the center feet the Right of Way of the
Baltimore and Ohio Railroad; thence northeasterly along the center line of
the Right of Way of the Baltimore and Ohio Railroad to its intersection
with the extension of the center line of Bungalow Avenue; thence
northeasterly along the center line of Bungalow Avenue and extension to the
intersection with the center line of Sycamore Avenue; thence northeasterly
along the center line of Sycamore Avenue to its intersection with Tamarack
Avenue thence northwesterly along the center line of Robert Kirkwood
Highway; thence northeasterly along the center line of Robert Kirkwood
Highway and the center line of New Road to its intersection with the
extension of the center line of Birch Avenue and the point and place of
BEGINNING.
BEGINNING at the point of intersection of the center line of
Robert Kirkwood Highway and the center line of Tamarack Avenue extended;
thence southeasterly along the center line of Tamarack Avenue to its
Intersection with the center line of Sycamore Avenue; thence southwesterly
along the center line of Sycamore Avenue to its intersection with the
center line of Bungalow Avenue; thence southeasterly along the center line
of Bungalow Avenue and its extension to its intersection with the center
line of the Right of Way of the Baltimore and Ohio Railroad; thence
southwesterly along the center line of the Right of Way of the Baltimore
and Ohio Railroad to its intersection with Little Mill Creek; thence
northwesterly along Little Mill Creek and the southwesterly boundary line
of the Town of Elsmere to its intersection with the center line of Chestnut
Run (West Branch); thence northeasterly along the center line of Chestnut
Run (West Branch) to its intersection with the center line of Maple Avenue
to its intersection with the center line of Maple Avenue to its
intersection with the center line of Sycamore Avenue, approximately 320
feet to its intersection with the center line of an alley; thence
northeasterly along the said alley to its intersection with the center line
of Cypress Avenue; thence northeasterly along the center line of Cypress
Avenue; thence northeasterly along the center line of Cypeess Avenue
approximately 40 feet to its intersection with the extension of the center
line of Beech Avenue and its extension to its intersection with the center
line of Robert Kirkwood Highway to its intersection with the extension of
the extension of the center line of Tamarack Avenue and the point and place
of BEGINNING.
BEGINNING at the point of intersection of the center line of
Robert Kirkwood Highway with the center line of Beech Avenue Extended;
Chapter 3 5
thence southwesterly along the center line of Beech Avenue and its
extension to its intersection with the center line of Cypress Avenue;
thence southwesterly along the center line of Cypress Avenue approximately
40 feet to its intersection with the center line of an alley; thence
southwesterly along the center line of the alley to its intersection with
the center line of Sycamore Avenue; thence southwesterly along the center
line of Sycamore Avenue to its intersection with Maple Avenue; thence
northwesterly along the center line of Chestnut Run (West Branch) and the
northwesterly boundary line of the Town of Elsmere; thence northeasterly
along the northerly to boundary line of the Town of Elsmere by its various
courses to a point opposite the point of intersection of Olga Road and
Sanders Road; thence leaving said boundary line southeasterly to the point
of intersection of Olga Road and Sanders Road; thence southerly along the
center line of Sanders Road to its intersection with the center line of
Robert Kirkwood Highway; thence southwesterly along the center line of
Kirkwood Highway; to a point of intersection with the center line of Beech
Avenue Extended and the point and place of BEGINNING.
(6) BEGINNING at the point of intersection of the center line of New
Road and the center line of DuPont Road; thence southwesterly along the
center line of New Road to its intersection with the center line of Sanders
Road; thence northerly along the center line of Sanders Road to its
Intersection with Olga Road; thence northwesterly to a corner in the
northerly boundary line of the Town of Elsmere; thence northeasterly along
the northerly boundary line of the Town of Elsmere by its various courses
and crossing the Philadelphia and Reading Railroad and DuPont Road to its
intersection with the center line of Gray Avenue; thence southwesterly
along the center line of Gray Avenue to its intersection with the center
line of Pardee Avenue; thence northwesterly along the center line of Pardee
Avenue to its intersection with the center line of Cleveland Avenue; thence
southwesterly along the center line of Cleveland Avenue to its intersection
with the center line of DuPont Road; thence southerly along the center line
of DuPont Road to its intersection with the center of New Road and the
point and place of BEGINNING.
ARTICLE II. POWERS OF THE TOWN
Section 201. Powers of the Town
The Town of Elsmere shall have all the powers granted to municipal
corporations by the Constitution and general laws of the State of Delaware,
together with all the implied powers expressly granted. The Town of
Elsmere shall continue to enjoy all powers which have been granted to it by
special Acts of the General Assembly of the State of Delaware, except
insofar as they may be repealed by the enactment of this Charter. The Town
of Elsmere as a body politic and corporate shall succeed to, own or possess
all property, whether real, personal or mixed, and all rights, privileges,
franchises, powers and immunities now belonging to, possessed by or enjoyed
by the former corporation, known as 'The Commissioners of Elsmere', without
the necessity of any deeds or instruments of conveyance or transfer.
The Town of Elsmere may have and use a corporate seal, may sue and be
sued, may acquire property within or without its corporate limits by
purchase, gift, devise or lease for the purpose of providing sites for
public buildings, parks, sewer systems, sewage treatment plants, gas,
telephone or electric systems, water systems, water plants or other
municipal purposes; and may sell, lease, mortgage, hold, manage and control
such property or utility as its interests may require; and, except as
prohibited by the Constitution or laws of the State of Delaware or
restricted by this Charter, the Town of Elsmere shall and may exercise all
municipal powers, functions, rights, privileges and immunities of every
name and nature whatsoever.
In the event it is necessary to mortgage any property now acquired or
hereinafter acquired by the Town of Elsmere, the Town is given the power to
give a bond and warrant secured by a mortgage to any proposed mortgagee in
an amount not exceeding One Million Dollars ($1,000,000) and for a term not
exceeding twenty (20) years, without regard to the provisions of Article
IV, Section 406 of this Charter.
The enumeration of particular powers in this Charter shall not be held
or deemed to be exclusive; rather, in addition to the powers enumerated
6 Chapter 3
herein, implied thereby, or appropriate to the exercise thereof, it is
Intended that the Town of Elsmere shall have and may exercise all powers
which, under the Constitution of the State of Delaware, it would be
competent for this Charter to specifically enumerate. All the powers of
the Town, whether express or implied, shall be exercised in the manner
prescribed by this Charter, or, if not prescribed herein, then in a manner
provided by ordinance or resolution of the Council.
ARTICLE III. STRUCTURE OF GOVERNMENT
Section 301. Composition of Government
The government of the Town and the exercise of all powers conferred by
this Charter, except as otherwise provided herein, shall be vested in a
Mayor and a Town Council. The Mayor shall be elected at large by the
qualified voters of the Town. One member of the Town Council shall be
elected by the qualified voters of each district.
The Mayor and Council under this Charter shall be first elected on the
last Saturday in June, 1955, to serve until their respective successors
have been elected and qualified. The next regular municipal election of
the Mayor and Council after June of 1955 shall be held on the last Saturday
in April of 1957, and regular municipal elections of the Mayor and Council
shall be held on the last Saturday in April of odd-numbered years
thereafter.
Section 301.1 The Mayor
The Mayor shall have been a resident of the Town for three years, and
not less than 30 years of age at the time of his election. He shall be
elected at large at the biennial Town election and shall serve for a term
of two years or until his successor shall be duly elected and qualified,
but the first Mayor elected under this Charter shall serve from the date of
his qualification until the qualification of his successor after the
election of April 1957. Before entering upon the duties of his office, he
shall be sworn or affirmed by a Justice of the Peace, or by a notary
public, to perform the duties thereof honestly, faithfully and diligently.
The conviction of the Mayor of any felony or of any misdemeanor
relating to the conduct of his office shall result in an automatic
forfeiture of his office, which shall thereupon be vacant.
Section 301.2 The Treasurer
The Treasurer shall be elected at large for the same term as the Mayor,
as provided in Sections 301 and 301.1. The Treasurer shall have been a
resident of the Town for at least one year prior to his election.
The Treasurer shall not pay out any money except upon check or warrant
countersigned by the Mayor and authorized by the Council. In case of the
temporary absence or inability to act of the Treasurer, the President Pro
Tempore shall be empowered to countersign checks. The Treasurer shall
attend all meetings of the Council.
In the event that the office of Treasurer becomes vacant for any cause,
the vacancy shall be filled for the unexpired term by appointment by the
Mayor subject to confirmation by a majority of Council.
Section 302. Oualifications of Mayor and Council
Any qualified voter of the Town of Elsmere who has attained the age of
twenty-one years, in the case of councilman, and thirty years, in the case
of Mayor, and who has not been convicted of a felony shall be eligible for
the office of Mayor or Councilman; provided that any person elected to
Council must at the time of his election reside in the district from which
elected.
Loss of residence in the Town or in the district from which elected, or
a conviction of a felony, or failure to attend three consecutive regular
meetings of Council without being excused by the Council, during the tenure
of office shall create a vacancy. In case of a vacancy for any cause, a
special election, conducted in the same manner as a regular election,
Chapter 3
except that the nominating petitions shall not be filed later than 20 days
before the date of the special election, shall be held within 60 days after
the occurrence of the vacancy, as may be proclaimed by the Council:
provided, however, that if the vacancy occurs within 365 days of a regular
election, the vacancy shall be filled by appointment by the Mayor subject
to confirmation by a majority of the Council.
Section 303. Compensation
The Council shall determine the annual salary of the Mayor, Councilman
and Treasurer by ordinance, but no ordinance increasing such salary shall
become effective until the date of commencement of the terms of members of
the Council elected at the next regular election, provided that such
election follows the adoption of such ordinance by at least six (6)
months. Members of the Council shall receive reimbursement for actual and
necessary expenses incurred in traveling when on official business. The
salary of the Mayor may exceed that of Councilmen.
Section 304. Meetings of Council
The Council of the Town of Elsmere shall take office on the Monday
following the regular municipal election, shall hold an organizational
meeting in the evening of the next Thursday at which the President Pro
Tempore shall be elected by the Council from among the members of the
Council, and shall meet regularly at least once a month thereafter.
Special meetings may be called by the Mayor and shall be called upon the
written request of any three members of the Council. At least two days'
written notice of special meetings shall be given to each Councilman,
provided that if all the Councilmen shall sign a waiver of notice of a
particular special meeting, then the notice aforesaid shall not be a
prerequisite to the validity of such special meeting. All meetings of the
Council shall be open to the public.
Section 305. Mayor's Relationship to Council
The Mayor shall be the executive of the Town. He shall preside at
meetings of the Council, but shall have no vote therein, except in case of
ties. He shall execute on behalf of the Town, when authorized by Council,
all agreements, contracts, bonds, deeds, leases, and other documents
necessary to be executed. Unless otherwise provided by ordinance or
resolution, the Mayor shall appoint all committees. He shall countersign
all orders, checks or warrants authorized by Council and drawn on the
Treasurer for payment of money, and shall have all and every power
conferred and perform all duties imposed upon him by this Charter and the
ordinances of the Town.
In case of the temporary absence or inability to act of the Mayor, the
President Pro Tempore, when lawfully acting as Mayor shall have all the
powers conferred upon the Mayor by this Charter.
In the event that the Mayor becomes disqualified from holding office by
reason of resignation, death, removal from the Town, conviction of a
felony, or malfeasance in office, the President Pro Tempore shall succeed
to the office of the Mayor for the balance of the unexpired term. The
succession of the President Pro Tempore to the office of Mayor shall create
a vacancy in the Council.
Section 306. Judge of the Oualifications of Members
The Council shall be the judge of the election and qualification of its
members and for such purpose shall have power to subpoena witnesses and
require the production of records, and, in the event that special
proceedings may be necessary to determine or establish such qualifications,
shall keep a record of such proceedings, which record shall be subject to
review by the Superior Court of the State of Delaware in and for New Castle
County.
Section 307. Rules of the Procedure: Record
The Council shall determine its own rules of procedure and order of
business. It shall keep a record of its proceedings and the record shall
be open to public inspection. Elections for officers shall be by a
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majority vote of the members elected to the Council and the results shall
be entered on the record of Council.
Section 308. Quorum and Majority Requirement
A majority of the members elected to the Council shall constitute a
quorum to do business but a smaller number may adjourn from time to time
and may compel the attendance of absent members in such manner and under
such penalties as may be prescribed by ordinance. No ordinance shall be
valid unless it shall have the affirmative vote of the majority of the
members elected to the Council. Resolutions, orders and motions shall be
valid upon the affirmative vote of a majority of members of the Council
present. No member shall be excused from voting on ordinances,
resolutions, orders or motions, except when such a vote will constitute a
conflict of Interest.
Section 309. Organization Changes by Council: Vacancies
The enumeration of certain officials in the Charter to be appointed by
the Council is not to be construed as a limitation on the power of the
Council to create such new positions or offices as may be deemed essential
to accomplish the objectives of the Town's government or to provide for the
selection of suitable persons to fill any positions or offices.
All vacancies in appointive offices shall be filled by the Mayor, with
confirmation by the consent of the majority of the whole Council, for the
unexpired term.
ARTICLE IV. POWERS OF THE COUNCIL
Section 401. General Powers
The Council shall constitute the legislative body of the Town of
Elsmere. It shall have power to adopt ordinances relating to the health of
the population of the Town, or to prevent the introduction or spread of
communicable diseases or nuisances affecting the Town. The Council may
also pass ordinances, to ascertain and fix boundaries of streets, squares,
lanes and alleys, or repair and amend the same and provide for the paving
thereof, to alter, extend or widen any street, square, lane or alley, and
to open and lay out new ones subject to provisions in that behalf
hereinafter contained; to regulate the ascent and descent of all streets,
lanes and alleys, and to fix the building lines on the same; to direct the
paving of footways and to prescribe the width thereof; to direct the laying
out of gutters and prescribe the depth thereof; to prescribe the extent of
porches, cellar doors and other inlets to yards and buildings; to provide
police and lighting of streets at the expense of the Town, and generally to
prescribe and regulate the streets, lanes and alleys of the Town and to
have and exercise control of the same, subject to the provisions in that
behalf hereinafter contained; to provide for the regulation of auctions and
auctioneers and public amusements; to provide for the safety of the
citizens and for that purpose to prescribe the heights and thickness of
walls of buildings and the mode of erecting same in said Town, and to
prescribe rules and regulations directed toward the prevention of fires and
explosions, and make provisions for the enforcement of said regulations; to
adopt municipal zoning regulations; to adopt traffic regulations, to
regulate itinerant peddlers and canvassers within the Town; to regulate the
sale of goods, wares and merchandise on the streets and sidewalks within
the Town and fix the license fee thereof and to license the conduct license
fee which shall be reasonable In amount; to regulate signs and bill boards
and to provide for permits for the erection and maintenance thereof; and to
provide for the measuring or weighing of coal, lime, grain or other matter
sold in said Town. They shall have the power to lay and collect fines on
the owners of any horse, cow, dog or animal which may be found at large in
any of the streets, squares, lanes, alleys, aforesaid, and in general to
have power to do all those matters and things for the wellbeing of the
Town and the inhabitants thereof, which shall not be in the contravention
of any existing laws of this State or the Constitution thereof. Except as
hereinafter provided, the Council shall not have the power to exempt any
Individual from the operation of any general ordinance or municipal
regulation.
The Council shall have all other powers requisite to and appropriate
for the government of the Town of Elsmere, its peace and order, its
sanitation and beauty, and for the health, safety, convenience, comfort and
well-being of its population, and for the protection and preservation of
public and private property.
Section 402. Ordinance Procedure
402.1 When Required. In addition to such acts of the Council as are
required by this Charter or by other State Law to be by ordinance, every
act of the Council establishing a fine or other penalty shall be by
ordinance. The enacting clause shall be "BE IT ORDAINED BY THE COUNCIL OF
THE TOWN OF ELSMERE AS FOLLOWS":
402.2 Enacting Procedures. Every ordinance shall be introduced in
writing. No ordinance shall be passed unless it shall have the affirmative
vote of a majority of the members elected to the Council and shall have
been considered at two regular stated meetings. Vote on any ordinance
shall be by voice vote and shall be entered on the record of the Council.
Section 403. Power to Raise Revenue
The Council shall have the power to levy and collect taxes on real
property within the limits of the Town, except that which is not assessable
and taxable by virtue of any law of the State of Delaware; provided that
the amount so collected shall not exceed one and one-half percent (1 1/2%)
of the assessed value of real estate within the Town in any one fiscal year
clear of all delinquencies and expenses of collection. The Council shall
have the right to grant and refuse, and to charge fees for, licenses or
permits for traveling shows and other businesses of any description within
the limits of the Town. The Council shall also have the power to collect
franchise fees and to impose sewer rental on sanitary sewers. (The Council
must have at least five or six votes to increase existing taxes, or to
impose new taxes).
The Council may, in its discretion, exempt from Town taxation any
manufacturing plant employing fifty or more employees hereafter established
within the Town of Elsmere or brought within the boundaries of the Town by
virtue of any annexation for a period of ten years from the time said plant
is established or brought within the boundaries of the Town of Elsmere.
The Council may, by ordinance, exempt from Town taxation any and all
persons over the age of sixty-five (65) years subject to limitations on
income as by such ordinance will be provided.
The Council shall have the power by ordinance to allow for discounts
for early payment of taxes, to impose reasonable penalties, interest and
forfeitures for tax delinquencies, and to review and determine proper and
appropriate properties to be exempt from taxation.
The Council shall have the power to fix the rates for general utility
services operated by the Town and to collect and utilize revenues from such
utility services for the benefit of the Town.
Section 404 The Town May Engage in Business
Except as prohibited by the Constitution of the State of Delaware or by
this Charter, the Town of Elsmere shall have the right to engage in any
business or enterprise in which a person, firm or corporation may engage,
and shall have the right to purchase, own and maintain, within or without
the corporate limits of such Town, all real estate for municipal purposes
for sites and rights-of-way for public buildings, parks, sewer systems,
sewerage treatment plants, water systems, water plants, gas, electric or
telephone systems, or other municipal purposes, for the location, erection
and maintenance thereon of public facilities for the uses aforesaid.
In any case where the Council may deem it to be in the best interests
of the people of the Town of Elsmere to acquire properties of any privately
owned sewer system, sewerage treatment plant, water system, water plants,
gas, electric or telephone systems used for municipal purposes within the
present or future boundaries of the Town, the question shall be submitted
to a vote of the residents of the Town of Elsmere. Council may at that
Chapter 3 9
time, call a special election for such purposes upon thirty (30) days
notice. In acquiring said utility property, the Town of Elsmere shall in
all respects adhere to the general laws of the State of Delaware insofar as
they relate to the purchase of utility properties heretofore described by
municipalities. The Town Council shall be authorized to negotiate the
aforementioned purchase only upon the approval of a two-thirds majority of
the voters of the Town of Elsmere.
Section 405. Borrowing For Current Expenses
Whenever the needs of the Town shall require more money than is, at the
time, in the Town Treasury from current receipts, the Council shall be
authorized and empowered to anticipate current revenue by borrowing such
amounts as are needed; provided, however, that the amount of such
indebtedness shall not at any time exceed one percent of the assessed
valuation of the assessable and taxable real property within the limits of
the Town.
To exercise the power aforesaid, the Council shall adopt a resolution
to that effect. The indebtedness created under this provision shall be
evidenced by notes of the Town, and the faith and credit of the Town shall
be deemed to be pledged thereof. Such short term debt shall have a
maturity of nine months or less, and shall not be considered as part of the
bonded debt of the Town when limitations under the indebtedness, as set
forth elsewhere in this Charter, are computed.
Section 406. Power to Incur Bonded Indebtedness
406.1 Power to Borrow Money. The Town of Elsmere may incur
indebtedness by issuing either general obligation bonds or certificates of
indebtedness secured by the full faith and credit of the Town of Elsmere
or revenue bonds, either in whole or in part of the total amount necessary
to provide funds for the erection, extension, enlargement or repair of any
plant, machinery, appliances or equipment: for the furnishing of water to
the public, for the construction, repair, or improvement of highways,
streets or lanes, or the paving, curbing or erection of gutters along the
same; for the construction or repair of sewers or sewage disposal
equipment; or to defray the cost of the share of the Town of Elsmere in the
cost of any permanent municipal improvement. If general obligation bonds
are issued, the total outstanding debt secured by such bonds shall not
exceed 3% of the aggregate assessed value of real property in the Town.
If revenue bonds are issued, each such bond shall recite in substance
that said bond, including interest thereon, is payable from the revenue
pledged to the payment thereof, and that said bond does not constitute a
debt of the Town of Elsmere within the meaning of the Bonded Indebtedness
limitation. If revenue bonds are issued, the Council shall prescribe and
collect reasonable rates, fees or charges for the service, facilities and
accommodations of said undertaking and shall revise such rates, fees or
charges from time to time whenever necessary so that such undertaking
shall be and always remain self-supporting. The rates, fees or charges
prescribed shall be such as will procure revenue at least sufficient (a) to
pay when due all bonds and interest thereon, for the payment of which such
revenue is or shall have been pledged, charged or otherwise encumbered,
including reserves therefor, and (b) to provide for all expenses of
operation and maintenance of such undertaking, including reserves therefor.
Section 406.2 Method of Borrowing Money. Before the Town of Elsmere
may incur indebtedness by the issuance of bonds as aforesaid, the borrowing
of money shall have been authorized by Council and shall have been approved
in the following manner:
(1) The Council shall by resolution propose to the residents of the
Town of Elsmere the purpose or purposes for which the stated amount of
money shall be borrowed. The resolution shall state the amount of money
desired to be borrowed, the purpose for which it is desired, the manner of
securing the same, and all other pertinent facts relating to the loan,
including data on total related debt and the debt limitations established
by this Charter; shall fix a time and place for hearing on the resolution;
and shall provide for publication of an announcement of the hearing in a
newspaper of general circulation in New Castle County at least one week prior to the hearing date.
10 Chapter 3
Chapter 3 11
A public hearing shall be held at which time all interested
persons wishing to be heard shall be given an opportunity to express their
views. Their testimony shall be considered in evidence by the Council.
If Council desires to continue with the bond proceedings, it shall
then, by resolution, direct that the question be submitted to a
referendum. An election shall be held not less than 30 days nor more than
60 days after the date of such resolution.
The Council shall cause notice of the time and place for holding
the said referendum to be printed in a newspaper of general circulation in
New Castle County once each week for three consecutive weeks prior to the
referendum.
The Council shall cause to be prepared, printed and made available
for distribution a sufficient number of ballots not less than five days
prior to the day of the referendum. At said referendum only qualified
voters of the Town of Elsmere shall be entitled to vote. The Council
shall, by resolution, make such further regulations for the conduct of the
referendum as it deems appropriate.
The officers of election shall count the vote for and against the
proposed loan and shall announce the result thereof; shall make a
certificate under their hands of the number of votes cast for and against
the proposed loan; and shall deliver the same to the Council, which
certificates shall be entered on the minutes of the Council; provided,
however, that no bond issue shall be deemed approved unless twothirds of
those voting at such referendum shall vote for such bond issue.
The form of the bonds and certificates of indebtedness, the date
of payment of interest, the classes, the dates of maturity, and the
provisions pertaining to the registration shall be determined by the
Council. The bonds shall be sold to the highest bidder after at least one
month's notice published at least twice in a newspaper of general
circulation in New Castle County and at least once in a publication
carrying municipal bond notices and devoted primarily to financial news.
The Council shall provide in its budget for revenues sufficient to pay the
interest and principal on said bonds or certificates of indebtedness at the
maturity or maturities therefor. The faith and credit of the Town of
Elsmere shall be deemed pledged for the due payment of the principal and
interest of general obligation bonds issued within the prescribed debt
limitation when the same have been properly executed and delivered for
value.
Section 407. Acquisition of Property
The Town of Elsmere is hereby authorized and empowered whenever it
shall deem necessary and expedient for any municipal purpose to obtain and
acquire property either within the boundaries of said Town or outside said
boundaries and to obtain legal title to said property by appropriate
conveyances.
Section 408. Power of the Town of Elsmere over Streets
The Council shall have the power and authority to lay out, locate and
open new streets, to widen or to alter existing streets or parts thereof,
and to vacate and abandon streets or parts thereof whenever they shall deem
it for the best interests of the Town; provided, however, that this power
shall not be exercised with respect to property owned by the State of
Delaware or any agency thereof without the approval of the State or State
agency. In the event that condemnation of private property may be
necessary in connection with the aforementioned powers of the Town with
respect to streets, the manner and procedure thereof shall be as set forth
in Title 10, Chapter 61, of the Delaware Code of 1953, as amended.
Section 409. Sewer and Water Main Improvements
The Council shall have the entire jurisdiction and control within the
limits of said Town of the drainage thereof, and the right to alter and
change the course and direction of any of the natural water courses, runs
or rivulets within the limits of said Town, and may pass ordinances for the
12 Chapter 3
construction of water mains and the opening of gutters, drains and sewers
within the limits of said Town, and may pass ordinances for the
construction of water mains and the opening of gutters, drains and sewers
within the limits thereof, and the regulating and maintaining, cleansing,
and keeping the same, and the natural water courses, runs and rivulets
within said limits of open, clean and unobstructed, and for that purpose
may authorize the entry upon private lands and take, condemn and occupy the
same in the same way and under the same rules and procedure as hereinbefore
provided in the cast of treets, etc., and by general regulations prescribe
the mode in which they shall be altered, changed, opened, maintained,
cleansed, and keep open and unobstructed, and shall bear the expenses
thereof, and may in its discretion assess the costs of sanitary sewers upon
the property particularly benefited thereby, including such real estate as
would be otherwise exempt from municipal assessment and taxation by virtue
of any law of the State of Delaware, anything to the contrary herein
notwithstanding, and prescribe the mode of collection thereof; provided,
however, that nothing herein contained shall be construed to authorize the
taking of private property for public use without just compensation.
Whenever the Council of the Town of Elsmere shall determine, either on
petition by a majority in numbers or in interest of the property holders
abutting a proposed sanitary sewer construction, improvement, alteration,
or repair, or on its on initiative, that such construction, improvement,
alteration, or repair of sanitary sewers is required, it shall order the
Town Engineer to proceed in accordance with law to undertake work and
surveys necessary to make a report estimating the cost thereof and
apportioning assessments therefor. The Council shall then proceed as
hereinbefore described for street improvements. The Council may perform
such construction, improvement, alteration or repair by contract or
municipal agency, provided that assessment for the construction,
improvement, alteration, repair and operation of sanitary sewers shall be
upon the property abutting upon that portion of the street in which any
sanitary sewer may be constructed under the provisions of this Charter,
Including such real estate as would be otherwise exempt from county and
municipal assessment and taxation by virtue of any law of the State of
Delaware, anything to the contrary herein notwithstanding, and shall be
based upon the lineal foot of such property abutting on such street, each
such lineal foot or such assessed alike. In the case of property situated
at the corner of two such streets or otherwise so situated as to be
assessed for the cost of building a sanitary sewer in one of such streets,
only the front of such property shall be liable for such assessments. The
Council on individual appeals, according to rules established by them,
shall in all cases decide what portion of the corner property shall be
considered frontage and what portion side frontage. Provided that in all
corner properties the side frontage, shall not exceed one hundred and
twenty-five (125) feet, and the side frontage thus determined shall be
exempt from payment of any sanitary sewer assessment unless the owner
thereof should, after the side frontage is fixed as aforesaid, decide to
make such side frontage the front of said property, in which case the owner
shall pay such additional assessment as the Council may determine. No
property shall be assessed for the cost of constructing the sanitary sewer
and connecting the same with the disposal plant, unless such property shall
abut and be bounded by that portion of the street in which a sanitary sewer
has been built, or unless such property has the right of access to such
street, or desires to use such sanitary sewer, and the sanitary sewer is
constructed upon the street upon which the property abuts, in either of
which cases such property shall be liable for the same assessment as though
a sanitary sewer was constructed In the portion of the street on which such
property abuts and the property shall not be liable for any further
assessment for sanitary sewer purposes. Where any such assessments shall
be made upon any land for the cost of constructing a sanitary sewer and
connecting it with a disposal plant, the Council shall have the right to
compel the owner to connect any building or structure erected as may be
prescribed by the Council from time to time. The word streets shall be
deemed and held to comprehend and include highways, lanes and alleys.
Section 410. Sidewalks
Whenever the Town of Elsmere shall have determined that any paving of
the sidewalks, or any or either or all of them shall be done, it shall
notify the owner or owners of land in front of whose premises that the same
Is to be done, particularly designating the nature and character thereof,
and thereupon it shall be the duty of said owner or owners to cause such
paving to be done in conformity with said notice. In the event of any
owner neglecting to comply with said notice for the space of thirty days,
the Council may proceed to have the same done, and when done, the Treasurer
of the Town of Elsmere shall, as soon as convenient thereafter, present to
the said owner or owners of such lands a bill showing the expense of
paving. If such owner or owners be not a resident in the Town of Elsmere,
such bill may be presented to the occupier or tenant of said land, or if
there be no occupier or tenant resident in the Town of Elsmere, such bill
may be sent by mail to such owner or owners directed to him or them at the
post office nearest his or their residence. If such bill be not paid by
the owner or owners of such lands within thirty days after the
presentation, then it shall be the duty of the Council to issue an order in
the name of 'Town of Elsmere' under the hand of the Mayor and the seal of
said corporation directed to the Treasurer of the Town of Elsmere
commanding him to proceed to collect said delinquent assessment as levied
in accordance with the authority granted under Article V. Section 501.2,
'Collection of Taxes' of this Act. The claim for paving shall be a lien on
the premises in front of which said work was done except such real estate
as is exempt from county and municipal assessment and taxation by virtue of
any law of the State of Delaware, and shall have the same priority and be
collectable in the same manner as municipal property taxes. If any new
paving is ordered by the Council as aforesaid in front of lot or lots held
or owned by a widow or widows as and for her or their dower, such expense
incurred as aforesaid shall be paid by the owner or owners of the reversion
in fee simple. All subsequent repairs named in this Act are to be kept up
at the expense of such tenant in dower. Any notice required by this
section to one co-owner shall be notice to all; and, in case no owner shall
reside in the Town, notice may be served upon the occupier or tenant of
said premises resident in the Town, and if there be no such occupier or
tenant, it shall be sufficient to send said notice by mail to any owner of
said premises directed to him or her at the post office nearest his or her
residence. The provisions hereinbefore contained in this section shall
apply to any order made by the Council in respect to any such paving
heretofore done, which the Council may deem insufficient or to need
repairing. The Council, in addition to the provisions of this section
hereinbefore, shall have power and authority to enforce by ordinance all
the requirements of this section by imposing such fines and penalties as
shall be in the judgement of the Council deemed necessary and proper.
Section 411. Pavina of Unnaved Streets
Upon written permission of eighty per cent of the property owners on an
unpaved or unopened street the Council may order the paving or opening of
that street. One third of the cost shall be paid by the Town, and the
remaining two-thirds of the cost shall be paid by the property owners on
the street to be opened or paved, except such real estate as is exempt from
county and municipal assessment and taxation by virtue of any law of the
State of Delaware. When the paving is complete, the Treasurer of the Town
of Elsmere shall, as soon as convenient thereafter present to the said
owner or owners of such lands a bill showing the expense of paving. If
such owner or owners be not a resident in the Town of Elsmere, such bill
may be presented to the occupier or tenant of such land, or, if there be no
occupier or resident in the Town of Elsmere, such bill may be sent by mail
to such owners or owners directed to him or them at the post office nearest
his or their residence. If such bill be not paid by the owner or owners of
such lands within thirty days after the presentation, then it shall be the
duty of the Council to issue an order in the name of 'Town of Elsmere'
under the hand of the Mayor and the seal of the said corporation, directed
to the Treasurer of the Town of Elsmere commanding him to proceed in
accordance with the authority granted under Article V, Section 501.2,
'Collection of Taxes' of this Act. The claim for paving shall be a lien on
the premises in front of which the said work was done, except such real
estate as is exempt from county and municipal assessment and taxation by
virtue of any law of the State of Delaware, and shall have the same
priority and be collectable in the same manner as municipal property
taxes. If any new paving is ordered by the Council as aforesaid in front
of lot or lots held or owned by a. widow or widows as and for her or their
dower, such expense incurred as aforesaid shall be paid by the owner or
owners of the reversion in fee simple. All subsequent repairs named in
this Act are to be kept up at the expense of the Town of Elsmere. Property
owners shall not be assessed under this section for the repaving or repair
Chapter 3 13
14 Chapter 3
of streets now paved. Any notice required by this section to one co-owner,
shall be notice to all. In case no owner shall reside in the Town, notice
may be served upon the occupier or tenant of said premises resident in the
Town; and, if there be no such occupier or tenant, it shall be sufficient
to send said notice by mail to any owner of said premises, directed to him
or her at the post office nearest his or her residence. The provisions
hereinbefore contained in this section shall apply to any order made by the
Council in respect to any such paving heretofore done, which the Council
may deem insufficient or to need repairing. The Council, in addition to
the provisions of this section hereinbefore shall have power and authority
to enforce by ordinance all the requirements of this section by imposing
such fines and penalties as shall be in the judgement of the Council deemed
necessary and proper.
Section 412. New Developments and Subdiyisions
The Council may, by ordinance, adopt land use and development
regulations, including, but not limited to zoning and subdivision
regulations.
ARTICLE V. PROPERTY AND SPECIAL ASSESSMENTS
Section 501. Property Assessments
501.1 Property Assessment Procedure
There annually shall be made a true, just and impartial valuation and
assessment of all real estate within the town, except such real estate as
is exempt from municipal assessment and taxation by virtue of any state law
or provisions of this Charter, and also of such personal property as is
subject to county assessment and taxation; provided, however, that in no
event shall household furnishings, bank accounts, stocks, bonds, or
automobiles be assessed or taxed.
In addition to the annual assessment provided herein, the Finance
Director may, at the option of the Council, provide quarterly supplemental
assessment rolls for the purpose of:
Adding property not included on the last assessment, or
Increasing or decreasing the assessment value of property which was
Included on the last assessment. The supplemental assessment roll
may be used to correct errors on prior assessment rolls.
It shall be lawful for the Town to enter into an agreement with the
Board of Assessment for the New Castle County to inspect and copy, or to
obtain copies, of the assessments made for county purposes. Annually, the
Council shall make a judgment regarding whether the Town will utilize such
county assessments and whether said county assessments are a true, just and
impartial evaluation. The Council then shall order the adoptions of such
county assessment for municipal purposes or the adoption of assessments as
determined by the Town assessment authority; provided, however, that
adoption of the county assessment for municipal purposes shall not preclude
the Town from modifying the county assessment list to take into account new
construction or changes in ownership or use not reflected in the county
assessment list, or clear cases of inequitable assessment.
(a) Approval of the Assessment Rolls
Assessment Appeals
Each year, there shall be prepared and submitted to Council at least
sixty (60) days before the beginning of the tax year, two (2) or more
copies of the assessment roll, which shall show the location of each parcel
of taxable real and personal property by street and number or other
suitable description. When the Council approves the roll as prepared, or
as modified by the Council, then a full and complete transcript thereof
shall be posted in a place in the Town designated by Council. Such posting
shall take place at least forty-five (45) days before the beginning of the
tax year and shall remain posted up to, but not including, the appeal day
as herein set out. Notice of the time and place where the assessment list
Chapter 3 15
may be viewed, and the time and place of hearing appeals shall be
advertised at least twice in a newspaper of general circulation in the Town.
Each year, at least thirty (30) days before the beginning of the tax
year, the Council shall hold a court of appeals, which court shall continue
open from 7:00 p.m. to 10:00 p.m., during which time the Council shall hear
and determine appeals from assessments and shall make such corrections and
additions as may be deemed necessary and proper. The decision of a
majority of the Council sitting on appeals shall be final and conclusive in
respect to all appeals.
No Councilman shall sit on his own appeal,-but the same shall be heard
and determined by the other members of Council. After the said valuation
and assessment shall be examined and adjusted by the Council, all property
taxes shall be levied on real and personal property thus assessed in just
and equal proportions.
501.2 Collection of Taxes
A list containing the names of the taxables and, opposite the name of
each, the amount of his real and personal property assessment, and the
total amount of the tax, shall be prepared as soon as practicable after the
beginning of 'the tax year. All taxes shall be paid to the Finance
Director, subject to such discounts and penalties and rules as the Council
may direct.
It shall be the duty of the Finance Director to proceed forthwith to
collect all taxes in the calendar year in which assessed. In the
collections of said taxes, he shall have all the powers conferred upon or
vested in the receiver of taxes and the county treasurer for New Castle
County.
The provisions of Sections 2901 through 2905, inclusive, of the
Annotated Code of Delaware, as amended, with reference to tax liens, shall
be deemed and held to apply to all taxes laid and imposed under the
provisions of this Charter, except that any such lien for taxes imposed
shall continue for ten (10) years from the date such lien commences.
501.21 Additional Collection Methods
In the event that any Town taxes remain unpaid during the last day of
February following the year after the year during which the said taxes were
levied, the Town of Elsmere may file, or cause to be filed, a Praecipe in
the office of the Prothonotary of the Superior Court in New Castle County,
which Praecipe shall contain the name of the person against whom the taxes
of assessments sought to be collected were assessed, a copy of the bills
showing the amount of taxes or assessments due, the property against which
the assessment was laid. The statement of the lot number or numbers of the
particular section in which said property is located or the street number
or numbers shall be sufficient identification and description of said
property. The Prothonotary shall make a record on the same judgment
records of said Superior Court against the property mentioned or described
in dais Praecipe. Thereafter, upon a Praecipe for Monition filed in the
office of said Prothonotary by the Town of Elsmere through any person
authorized on its behalf to collect taxes assessments due to the Town of
Elsmere, a Monition shall be issued by the Prothonotary aforesaid to the
Sheriff of New Castle County, which Monition shall briefly state the amount
of the judgment for the taxes or assessments due and the years thereof,
together with a brief description of the property upon which said taxes or
assessments are a lien. A description of such property by street and
number or by lot number of numbers of the particular section in which said
property is located shall be a sufficient description. Said Monition shall
be in substantially the following form:
To all persons having or claiming to have any title, interest or lien
upon within described premises, take warning that unless the judgment for
the taxes or assessments stated herein is paid within twenty <20) days
after the date hereof, or within such period of twenty (20) days evidence
of the payment of taxes herein claimed shall be filed in the office of the
Prothonotary, which evidence shall be in the form of a receipted bill, or
duplicate thereof, bearing date prior to the filing of the lien in the
office of the Prothonotary for New Castle County, the Town of Elsmere may
16 Chapter 3
proceed to sell property herein mentioned or described for the purpose of
collecting the judgment for the taxes or assessments herein stated:
Name of Person in Whose Description
Year or Amount
Name the Property is of Property
of Years Judgement
Assessed
Said Monition, or copy thereof, shall be posted by the Sheriff upon
some prominent place or part of the property against which the said
judgment for taxes or assessments is a lien. The Sheriff shall make due
and proper return of his proceedings under the said Monition to said
Prothonotary within ten (10) days after the posting of said copy of
Monition as aforesaid. Alias or Pluries Monition shall constitute notice
to the owner or owners and all persons having any interest in said property.
At any time after the expiration of twenty (20) days following the
return of the Sheriff upon such Monition, unless before the expiration of
said twenty (20) days the said judgment and costs on said judgment shall be
paid or evidence of the payment of such taxes evidenced by a receipted bill
or a duplicate thereof, bearing date therefor prior to the filing of said
lien for the record in the office of the Prothonotary aforesaid, upon
Praecipe filed by the Town of Elsmere, a writ of Venditioni Exponas shall
issued out of the office of the said Prothonotary directed to the Sheriff
commanding the Sheriff to sell the property mentioned or described in said
writ and make due return of his proceedings thereunder in the same manner
as is applicable with the respect to similar writs of Venditioni Exponas
issued out of the said Superior Court.
NEW CASTLE COUNTY
THE STATE OF DELAWARE
TO THE SHERIFF OF NEW CASTLE COUNTY
GREETINGS
WHEREAS, by a Monition issued out of the Superior Court, dated at
Wilmington, the day of A.D., 19 , IT WAS COMMANDED,
that you should post the said Monition, or copy thereof, upon the real
estate therein mentioned and described, and make a return to the said
Superior Court within ten days after said posting. That on the
day of A.D., 19 , you returned a copy of the said Monition was
posted on the real estate therein mentioned and described on the
day of A.D., 19 .
We therefore now command you to expose to public sale the real estate
mentioned and described in said Monition as follows:
And that you should cause to be made as well as a certain debt
of Dollars ($ ) lawful money of the United States, which to
the said Town of Elsmere, a municipal corporation of the State of Delaware,
is due and owing, as also the sum of Dollars ($ ) lawful
money as aforesaid, for its costs which it has sustained by the detaining
of that debt, whereof, the said was convicted as it appears of
record and against which said property it was a lien:
And have you that money before the Judges of our Superior Court at
Wilmington, on Monday the day of next, to render to the
said Town of Elsmere, a municipal corporation as aforesaid, for its debt
and costs as aforesaid, and this writ;
SS:
Chapter 3 17
WITNESSETH, the Honorable at Wilmington
the day of A.D., 19
Prothonotary
Upon the return of the proceedings under said writ of Venditioni
Exponas, the Superior Court may inquire into the regularity of the
Proceedings thereunder, and either affirm the sale or set it aside.
Any real estate or interest therein sold under the provisions hereof
shall vest in the purchased all the right, title and interest of the person
in whose name said property was assessed, and/or all right, title and
interest of the person or persons who are the owner or owners thereof and
likewise freed and discharged from any dower or curtesy, whether absolute
or inchoate, in or to said real estate, and from all equity of redemption
and liens and encumbrance held by persons and corporations against such
property.
The owner of any such real estate sold under the provisions of this Act
or his legal representatives may redeem the same at any time within sixty
(60) days from the day said sale thereof is approved by the Court by paying
to the purchaser or his legal representatives, successors or assigns, the
amount of the purchase price and fifteen per cent in addition thereto,
together with all the costs incurred in the cause; or if the purchaser or
his legal representatives, successors or assigns shall refuse to receive
the same, or do not reside or cannot be found within the Town of Elsmere,
by paying said amount into said Court for the use of said purchaser, his
legal representatives or assigns.
In the event that the owner of said property or his legal
representatives shall fail to redeem said property as herein provided, the
purchaser of said property or his legal representatives, successors or
assigns may present a Petition to the Superior Court setting forth the
appropriate facts in conformity with this Act and pray that the said
Superior Court make an order directing the Sheriff, then in office, to
execute, acknowledge and deliver a deed conveying the title to said
property to the Petitioner and thereupon the said Superior Court shall have
the power, after a hearing upon said Petition, to issue an order directing
the Sheriff to execute, acknowledge and deliver a deed as prayed for in
said Petition, and a description of said property by street number or by
lot number of numbers of the particular section in which said property is
located, together with a description of said property by metes and bounds.
If the owner of any real estate sold under an order or his legal
representative shall redeem said real estate, he may prefer to said
Superior Court a petition setting forth the facts and thereupon the said
Superior Court, after hearing and determining the facts set forth in said
petition, shall have power to cause to be entered upon the record of the
Judgment, under which said real estate was sold, a memorandum that the real
estate was entered has been redeemed, and, thereafter, the said owner shall
hold such redeemed real estate subject to the same liens, and in the same
order or priority as they existed at the time of the sale thereof,
excepting so far as the said liens have been discharged or reduced by the
application of the proceeds by the said Sheriff from the said sale.
No Monition proceedings shall be brought under this Act unless the tax
or assessment sought to be collected hereunder shall, at the time of the
filing of said Petition in the office of the Prothonotary, be and
constitute a lien on the property against which the tax or assessment was
assessed or laid. All taxes for Town purposes which may hereafter be
lawfully assessed on real estate in the Town of Elsmere shall constitute a
prior lien thereon for a period of ten years from the first day of July
succeeding the assessment of said taxes, but if the said real estate
remains the property of the person to whom it is assessed, the lien shall
continue until the tax is collected and may, with all the incidental costs
and expenses, be collected by sale thereof as hereinbefore provided. The
said tax lien and costs and reasonable counsel fees for the collection
thereof shall be fully paid and satisfied before any recognizance,
mortgage, judgment, debt, obligation or responsiblity which real estate may
be charged with or liable to. The Town of Elsmere shall have the authority
to authorize any person or persons to make a bid or bids at the sale of any
real estate under the provisions of this Act, and, in the event that such
person or persons is the highest and best bidder of bidders therefor, the
title thereto shall be taken in the name of the Town of Elsmere, a
municipal corporation of the State of Delaware. The Town of Elsmere, by
resolution duly adopted, is authorized and empowered to sell and convey any
real estate purchased under the provisions of this Act.
Whenever the Superior Court is mentioned in this Statute the same shall
be held to embrace the Judges or any Judge thereof, and any act required or
authorized to be done under this Act may be done by the said Superior Court
or any Judge thereof in vacation thereof, as well as in term time.
The fees and cost to be fixed in all Monition proceedings under this
Act, where not otherwise provided for, shall be set by the Council by
ordinance. All other charges not covered by this and the preceding section
shall be the same as are provided by law.
The foregoing method for enforcing the collection of Town taxes shall
not preclude the enforcement of payment thereof by appropriate civil suit
against the person or persons personally liable for their payment by reason
of said person or persons having been the owner of said real estate at the
time when the said taxes became a lien.
501.3 Levying of Special Assessments
The Town of Elsmere is hereby authorized and empowered to levy and
collect special assessment upon property In a limited and determinable
area, including such real estate as would be otherwise exempt from county
and municipal assessment and taxation by virtue of any law of the State of
Delaware, for special benefits accruing to such property as a consequence
of any municipal public work or Improvement and to provide for the payment
of all or any part of the costs of the work, service or improvement out of
the proceeds of said assessments.
501.4 Assessments Payable in Installments
The Council may provide for the payment of special assessments, for
whatever purpose levied, by installments, but assessments for permanent
improvements shall be payable within ten (10) years in annual or more
frequent installments, and assessments for current service shall be payable
within one (1) year.
501.5. Assessments Not to Exceed Value of Benefit
The amount assessed against any property for any work or improvement
shall not exceed the value of the benefits accruing to the property
therefrom.
ARTICLE VI. COUNCIL APPOINTMENTS
The Solicitor
At the biennial organizational meeting the Council shall appoint an
attorney of law who shall be an officer of the Town who shall have the
title of Town Solicitor. He shall be a member of the Bar of the State of
Delaware. It shall be his duty to give legal advice to Council, other
officers of the Town, and to all Town departments, offices and agencies.
He shall represent the Town in all legal proceedings and shall perform such
other legal services as may be required of him by Council, this Charter, by
law or by ordinance. Council may procure such additional legal services as
it may deem to be required.
The Secretary
The Secretary shall cause to be recorded all of the proceedings of the
Council and keep a correct record of the same in a book to be provided for
18 Chapter 3
Chapter 3 19
that purpose, and shall file and keep in a safe place the seal of the Town
and all papers and documents relative to the affairs of the Town; and,
shall deliver the same to his successor in office. The Secretary shall
attest the seal of the Town when authorized by Council and shall perform
such duties and have such other powers as may be prescribed by Council.
All records, books, paper and documents in the custody of the Secretary
shall always be open for inspection by the Council and the public under
such regulations as Council may prescribe. The Secretary may be a member
of the Council. He shall be elected by a ballot or voice vote at the
biennial organization meeting for a period of two (2) years or until his
successor is duly elected and qualified.
603. Board of Health
At the biennial organization meeting of the Council, the Mayor shall
appoint a Board of Health consisting of five (5) members, one of whom shall
be a practicing physician in the Town of Elsmere, if there be one
available; or, if not, a practicing physician in New Castle County. The
Mayor's appointments shall be confirmed by a majority of the whole
Council. The Board shall serve for two (2) years, shall have cognizance of
the interests of life and health within the Town and that of the people
residing within one-quarter mile of the boundaries of said Town, except
where such area outside of the Town may lie within the jurisdiction of
another municipality. The Board of Health shall report to the Council
monthly in writing whatever is deemed by the Board to be injurious to the
health of the Town, and shall also make recommendations to the Council of
whatever may contribute to useful sanitary information. The Board shall
also have all powers and duties enumerated by the laws of the State of
Delaware for local boards of health.
ARTICLE VII. TOWN ADMINISTRATION
Town Manager
The Council may by ordinance provide for the creation of the office of
the Town Manager who shall be either (1) a graduate civil engineer or its
equivalent in experience; or (2) who shall be otherwise qualified by
education and experience in municipal administration, and whose powers and
duties shall be as set forth in such ordinance. The Council may in such
ordinance give to the Town Manager such powers over the appointment of
personnel which are now vested in the Mayor and Council.
Police Department and the Department of Public Safety
702.1 - Department of Public Safety.
702.1.1 - Created; composition, qualifications of members generally.
There is hereby created a department for the Town of Elsmere, to be
known as the Department of Public Safety, which shall consist of three
members who shall be qualified voters of the State of Delaware and
residents of and property owners in the Town of Elsmere.
702.1.2 Appointment; terms of office; vacancies; members to hold no other
municipal office; removal.
The directors of the Department of Public Safety shall be appointed by
the Mayor, subject to the confirmation by the majority of the whole Council
and shall serve without compensation. Such persons so appointed shall hold
office for a term of four (4) years from the first day of May next ensuing
the enactment of this statute, or until their successor shall have been
appointed and confirmed. The first appointments under this section shall
be for periods of two (2); three (3) and four (4) years respectively.
Thereafter each appointment shall be for a term of four (4) years.
Vacancies in such department caused by death, resignation, or otherwise
shall be filled by the Mayor for the residue of the unexpired term, and
shall also be subject to the confirmation of the majority of the whole
Council.
The directors of such department shall not hold any
office while serving as a director, nor shall all of such
the same political party.
Any director may be removed for malfeasance in office
with the concurrence of two-thirds of all the members of the
702.1.3 Oath of Office
The directors of the Department of Public Safety shall also take and
subscribe before any person authorized to take oaths, in addition to any
other oath required by law to be taken by municipal officials, a further
oath or affirmation that in every appointment and removal to be made by
such directors to and from such department, except in the discharge of
superfluous employees, they will in no case and under no pretext appoint or
remove any policeman, officer of other person for any other cause or reason
than individual fitness or unfitness.
702.1.4 Powers and Duties Generally
The Department of Public Safety shall have full jurisdiction,
management, and control of the Police force of the Town, and all the powers
and authority conferred thereon, and shall be subject to all duties
enjoined upon the Mayor and Council of the Town of Elsmere by virtue of the
laws of this state and the ordinances of the Town of Elsmere relative to
the Police force of the Town.
702.1.5 Certain Duties Enumerated
The duties of the Department of Public Safety created by Article I of
this Charter shall be as follows:
It shall at all times of the day and night, within the boundaries of
the Town, preserve the public peace, prevent crime, arrest offenders,
protect the rights of persons and the rights of property, guard the public
health, preserve order at primary meetings and elections, and at all public
meetings and conventions, and on all public occasions, prevent and remove
nuisances in all public streets and highways, and all other places, provide
property police force at every fire for the protection of firemen and
property, and enforce all laws of the state and all laws and ordinances,
rules and regulations of the Town properly enforceable by a police bureau.
702.1.6 Preparation of a Budget
The directors of the Department of Public Safety shall, some time
before the first day of August of each year, present in writing to the
Council a budget, the same showing an itemized statement of the amount of
money that such directors estimate will be needed by such department to
cover all the costs of conducting the Department of Public Safety for the
ensuing year. After careful consideration of such budget, the Council,
when it shall make its yearly appropriations for the conduct of other
departments and agencies of the Town, shall make appropriation in such
amount of money as will meet the requirements of the budget as submitted by
such department, and be consistent with the estimated income of the Town
for the ensuing fiscal year.
702.1.7 Payment of Accounts
All accounts contracted by the Department of Public Safety in and about
the control and management of the affairs of the department shall be paid
by the Town Treasurer out of the appropriation provided for in the
preceding section upon proper vouchers duly approved by the directors, or
any two of them.
702.1.8 Expenses
The Secretary of the Department of Public Safety shall keep a correct
copy of all bills for expenses which shall be approved by the Department of
Public Safety before payment.
702.1.9 Duties of the Town Solicitor
20 Chapter 3
other municipal
directors be of
by the Council
Council.
Chapter 3 21
The Town Solicitor shall be the legal advisor and attorney for the
Department of Public Safety. He shall prosecute all actions against a
member, officer, agent or employee of the Department of Public Safety for
malfeasance or misfeasance in office; he shall be the legal- counsel of such
departments or officers thereof in all civil actions brought by or against
it or them and relating to their official acts and he shall conduct the
same in his official capacity.
702.1.10 Department Physician Generally
The Department of Public Safety is hereby authorized to appoint and
commission annually a physician of integrity and capacity who shall have
practiced the profession of medicine at least three (3) years next
preceding the date of his commision, to act as physician of the Department
of Public Safety of the Town, under such rules and regulations as the
department may prescribe for his conduct. The duties of such physician
shall be to examine thoroughly all applicants for positions on the police
force of the Town, and to test their entire fitness in every respect for
such position; to visit all policemen and officers of police who may be
returned as sick, and report their conditions to the Department of Public
Safety; and, to- perform all other professional duties in connection with
the department and police bureau as the department may from time to time
direct. The tenure of the office of such physician shall be determinable
within the appointed year for cause by a majority vote of the directors of
the department and under their exclusive direction, and the physician of
the department shall be compensated only up to the time of such
determination of his office.
702.1.11 The Work Week of Members and Employees
The work week of all members and employees of the Department of Public
Safety shall be at the discretion of the directors.
702.1.12 Ordinances. etc. relating to Police Bureau
The ordinances, rules and regulations of the Town now in force relating
to the police shall remain in force until the same are changed in whole or
in part by the Department of Public Safety.
702.1.13 Personnel of Department Generally
In addition to the powers conferred upon the Department of Public
Safety by this act and the powers conferred upon the Mayor and Council by
the laws of the State of Delaware, the directors of the Department of
Public Safety shall have the power to appoiht a Chief of Police and such
number of officers, agents, members and employees of the department, fill
vacancies therein and fix and regulate the salary of the employees. The
directors shall have the full power to make such rules and regulations as
they may deem necessary for the proper control and management of such
department and government of its officers, agents, members and employees,
and they shall have full authority to enforce such rules and regulations by
any lawful means.
702.1.14 Unlawful Ilse of Police Uniform. Backe. Whistles. Calls or Signals
Any person, other than a member of the bureau of police, who shall
publicly use such badges and uniforms as the Department of Public Safety
may prescribe for the use of such member, or shall make use of the
whistles, calls or other modes of signaling that are used by the police
bureau, shall be deemed guilty of a misdeameanor, and upon conviction
thereof, shall forfeit and pay to the Town a fine of not more than Two
Hundred ($200.00) Dollars, and, at the discretion of the court, serve a
term of imprisonment.
702.1.15 Members of Police Frequenting SaloonE
No Chief of Police, officer of police or policeman shall, while on
duty, enter any drinking saloon or other place where liquors are to be sold
to be drunk on the premises, except in the discharge of his duties, under
penalty of immediate dismissal.
702.1.16 Special Police
22 Chapter 3
In addition to the officers named in other provisions of this act, the
Department of Public Safety is hereby authorized and empowered to appoint
and cause to be sworn in any number of special police officers to do duty
at any place in the Town designated by and at the charge and expense of the
person or persons who may ask for such appointment, and may change or
remove them at pleasure.
Special police officers appointed pursuant to the preceding paragraph
shall be subject to and obey orders, rules and regulations governing Town
constables and conform to the general discipline and special regulations of
the Department of Public Safety. The Department of Public Safety shall be
and is hereby authorized and empowered to appoint and cause to be sworn in
any employee of the Town as a special police officer. Any Town employee
who shall be so appointed and qualified shall be subject to and obey
orders, rules and regulations governing Town constables and conform to the
general discipline and special, regulations of the Department of Public
Safety so long as he shall continue to act as a special police officer.
Such special police officer shall be removed by the Department of Public
Safety upon the request of the department by which he is employed.
702.2 Powers of Po/Ice
It shall be the duty of the Department of Public Safety to appoint a
police force consisting of a chief and such number of subordinates as the
Department shall determine, and all persons so appointed shall be residents
of the Town of Elsmere at the time of his or her appointment to such
office. The Department shall from time to time make rules and regulations
as may be necessary for the organization, government and control of the
police force. The chief and members of the police force may be removed by
the Department. They shall preserve peace and order and .shall compel
obedience, within the Town limits, to the ordinances of the Town and the
laws of the State of Delaware and, they shall have such other duties as the
Council may from time to time prescribe. They shall execute within the
Town limits, criminal process issued by a Justice of New Castle County.
Compensation of Officers and Employees
The Council shall have the power to fix the compensation of all
officers elected by ballot at the annual organization meeting, and such
other officers, employees and agents of the Town, which by it may be deemed
proper and necessary for the proper conduct and management of the Town.
Any officer or appointed official may be removed by the Council for
sufficient cause.
Retirement Plan
The Council may provide, by ordinance, a Retirement Plan for any or all
groups of employees in the service of the Town of Elsmere.
Contracts
All contracts of whatever character involving an expenditure above an
amount determined by resolution of the Council shall be written and shall
be let and made by the Council and shall be based on specifications
provided by the appropriate person designated by the Council.
Pending advertisements for bids, any plans, specifications, and
profiles to be used in the proposed work or contract shall remain on file
in the office of the Council and shall be subject to the inspection of any
interested person. All contracts and purchases above an amount determined
by resolution of the Council shall be entered into and made only after
advertising not less than two (2) times in a newspaper of general
circulation in New Castle County, inviting competitive bids. Each such bid
shall be sealed and filed with the person designated by the Council. All
bids shall be opened in the presence of the Council or a duly authorized
committee of the Council and shall remain on file.
The Council shall consider all bids which have been properly filed and
may enter into a contract with the party offering the lowest and/or best
bid, or they may reject all bids and readvertise for bids, or they may have
the work done under the supervision of the proper department of the Town.
Chapter 3
The awarding of a contract to the successful bidder shall give no right of
action or claim against the Town upon such bid or contract until the same
shall be reduced to writing and duly signed by the contracting parties.
The Council shall have the power to require all bidders to post bonds to
secure the performance of the contract and the payment of all claims for
labor and materials used in the work.
706. Fees
All fees and monies received by any officer or employee shall belong to
the Town of Elsmere and shall be paid weekly to the Treasurer unless
otherwise provided herein or by ordinance.
ARTICLE VIII: FINANCIAL PROCEDURE
801. Fiscal Year
The fiscal year of the Town of Elsmere shall begin on the first day of
July of each year and shall end on the last day of June of the following
year. Such fiscal year shall also constitute the budget and accounting
year, except as otherwise provided for herein.
802. Submission of Budget
Annually, and not later than forty-five (45) days before the beginning
of the fiscal year, the Council shall cause to be submitted a budget
containing a financial plan for conducting the affairs of the Town for the
ensuing fiscal year.
The budget shall contain the following information:
Proposed expenditures for current operations during the ensuing
fiscal year, detailed by departments in specific line items, and
the method of financing such expenditures;
The amount of debt of the Town, together with a schedule of
maturity of bond issues.
A statement of the amount of interest on the bonded debt, the
amount necessary to pay any bond maturing during the year, and the
amount required for the sinking fund, if any.
Proposed capital expenditures during the ensuing fiscal year,
detailed by departments when practical, and the proposed method of
financing each such capital expenditure; and
An estimate of the amount of money to be received from taxes and
all other anticipated income of the town from any source or sources.
Proposed allocation to the Contingency Fund, if any.
803. Council Action on the epdget
The Council shall cause to be published in a newspaper of general
circulation in the town a notice of the time and place for a public hearing
on the budget, and a notice of the times and places where copies of the
budget are available for inspection by the public. Such notice shall be
published not less than two (2) weeks prior to such hearing.
After the public hearing, the Council may adopt the budget with or
without amendment. The Council may insert new items of expenditure or may
increase, decrease or strike out items of expenditure, except that no item
of appropriation for debt service shall be reduced.
The budget for the ensuing year shall be adopted by the Council no
later than the last day of the fiscal year currently ending. The tax rate
for the ensuing fiscal year may be adopted prior to the time the budget is
adopted. If it fails to so adopt, the budget submitted by the Town's
departments for operations for the current fiscal year shall be deemed
adopted for the ensuing fiscal year on a month-to-month basis with all
items in it prorated accordingly, until such time as the Council adopts a
budget for the ensuing fiscal year. Also, during such period, Council may
23
24 Chapter 3
appropriate amounts requested for specific capital improvement projects,
provided that the town manager and the finance director certify that the
necessary funds are available therefor.
Budget Amendments after Adoption
To meet a public emergency affecting life, health, property or the
public peace or to meet a emergency affecting the ability of a Town
department to function as intended, the Council may make emergency
appropriations out of the Town's accumulated surplus, also known as the
contingency fund. Such appropriations must be approved by a three quarters
(3/4) vote of the members serving on Council. At any time during the
fiscal year, the Council may transfer part or all of any unencumbered line
item balance from one department or office to another.
All actions taken under the provisions of this section shall be at
regular council meetings and shall be recorded in the council minutes.
Independent Annual Audit
At least once in any given year, the Council shall designate a
certified public accountant or firm of certified public accountants who
shall make an independent audit of accounts and other evidence of fiscal
transactions of the Town government and shall submit their report to the
Council. In election years this audit shall be made as of the last day of
the terms of the Mayor and Council. The said accountants shall have no
personal interest direct or indirect In the fiscal affairs of the Town
government or any of its officers. They shall not maintain any accounts of
the Town business, but shall within specified limits approved by the
Council audit the books and documents of the treasurer or other appropriate
officer or any separate or subordinate accounts kept by any other office,
department or agency of the Town government. When received, the report of
the auditors shall become part of the minutes of the Council, and shall be
available for inspection by any citizen of the Town at such reasonable
times as may be determined by the Council.
ARTICLE IX. NOMINATIONS AND ELECTIONS
Voter Oualifications
Every person domiciled in the Town of Elsmere who shall have reached
the required age to vote in State elections, who is a citizen of the United
States and who has been domiciled in the State of Delaware for at least one
year and in the Town of Elsmere for at least thirty (30) days preceding the
election, and whose name is recorded in the list of registered voters
provided to the Town by the New Castle County Department of Elections shall
be entitled to vote at the biennial municipal elections, special elections,
and referenda, except as otherwise provided in this Charter.
The Council shall by ordinance provide for the supplemental
registration of voters in each of the respective districts, provided that
there shall be at least two (2) registration days in each election year,
the last of which not more than thirty (30) days prior to the election.
The ordinance may provide for permanent registration lists. There need be
not special registration for referenda and special elections, but the
qualifications for voting as such shall be based upon the last previous
registration.
.Council Nominations
Any person desiring to be a candidate or to be voted for in a primary
election as a candidate for nomination for Mayor, Treasurer or Councilman
shall give notice in writing to the Town Secretary. Such notification
shall be made, on forms provided by the Town, on or before 7:00 p.m. of the
first Monday in February prior to the biennial municipal elections, or the
fifth Monday prior to a special election.
All candidates at the time of giving notice as required in this section
shall tender to the Town a filing fee equal to three percent (3%) of the
total salary for the entire term of office for which the candidate is
filing.
Chapter 3 25
Any candidate who has filed for nomination as required in this section
may withdraw the filing by notifying the Town Secretary on forms to be
provided by the Town. The notice of withdrawal shall be filed before 12:00
noon of the second Monday in February prior to the biennial municipal
elections, or the fifth Monday prior to a special election. The filing fee
shall be refunded after receipt of the notice of withdrawal.
903. Primary Elections
903.1 Definitions. For the purpose of this section, the following
definitions shall apply:
'Council' means Council of the Town of Elsmere.
'Party' or 'Political Party' means any organization of bona fide
citizens and voters of the Town of Elsmere which, by means of a primary
election, nominate candidates for offices to be filled by the people of the
Town of Elsmere at elections held for the purpose of electing persons to
the offices to be filled at any elections held for said purpose, shall be
deemed and taken to be a political party within the meaning of this
subsection. No organizations shall be taken as a political party that do
not represent at least 100 bona fide citizens and voters of the Town of
Elsmere. If the Council should have any doubt as to the sufficiency of the
number of bona fide voters represented by any organization in the said Town
of Elsmere, they may demand a certificate of 25 belonging to such
organization as to that fact.
'Primary Election' means an assemblage of voters who are members of any
political party organization or association as defined in this section duly
convened for the purpose of nominating a candidate or candidates for public
office.
903.2 Primary Election Procedures
If, upon receipt of the nomination applications, it is determined
by the Council that more than one candidate from a political party desires
to be placed on the ballot for the office of Mayor, Treasurer or Councilman
for the municipal election, a primary election shall be held.
The primary election for all candidates of any political party to
be presented at the election next ensuing shall be held on the second
Saturday in March.
The time for opening the polls for the purpose of conducting the
primary election shall be 12 noon and the time for closing the polls at
such primary election shall be 8 o'clock in the evening.
The Council shall, at least ten (10) days before a primary
election, determine and establish primary election districts.
The Council and the election officers shall conduct the primary
elections in the same way that general Town elections are conducted and in
accordance with the applicable provisions of this section.
The primary election officers and clerks shall be chosen by Council
from among the election officers and clerks selected for the same election
district or districts contained in the primary election district. For each
such primary election district, the election officers and clerks shall be
divided as equally as possible between the two principal parties, except
that, in the event that there is a contest in only one party in a primary
election district, all of the primary election officers and clerks for that
district shall be persons whose party affiliation, as shown upon his
original permanent registration record, is the same as the party holding
the primary contest.
Notice of the time and place for holding the primary election
shall be given by publishing the same each day for at least five days
before the time of holding same in one or more daily newspapers of general
circulation in New Castle County.
Qualifications of voters. An elector may vote in the primary
election of a political party only if he is a duly registered voter and it
appears upon his original permanent registration record that his party
affiliation is the same as the party which is holding the primary election.
(7) The expenses for holding primary elections under the provisions of
this chapter, including stationary and pay of officers and clerks, shall be
paid by the Town of Elsmere.
Elections
A regular municipal election shall be held on the last Saturday in
April, 1991 or on the first Saturday, which shall be more than 60 days
after the enactment of this Charter, which ever is later, and on the last
Saturday of April in each second year thereafter. Council shall by
ordinances set the hours during which the polls shall be open. The Council
shall designate the place or places of election and make all necessary
rules and regulations not inconsistent with this Charter, nor with the
general laws of the State of Delaware for the conduct of elections, for the
prevention of fraud in elections and for the recount of ballots in case of
doubt or fraud.
At least ten (10) days prior to such elections, due notice thereof and
of the time and place or places thereof shall be given by the Council. At
all such elections the votes shall be received at each polling place by
three (3) qualified voters of said Town appointed by the Council from lists
of five (5) voters in each district supplied by each political party at any
regular or special meeting thereof held in the month preceding said
election. Not more than two (2) of the election officers in any district
shall be members of the same political party, and no political party shall
have a majority of election officers in more than half of the election
districts. One of the said persons for each polling place shall be
designated as the inspector and the other two as judges of the election,
and the three at each polling place shall be known as officers of election,
and no such person shall be a candidate for office at any such election.
In addition to the election officers, there shall be two clerks at each
polling place, each of which shall represent one of the two political
parties. The clerks shall be appointed by the Council from a list of three
names from each district submitted by each political party. The result of
the balloting at each polling place for said officers of said Town shall be
ascertained by the said officers of election, who shall certify said
results under their hands to the Council. The Council may appoint clerks
to assist the officers of election.
In case of referenda or special elections, the same procedure shall be
followed to the extent applicable as with respect to the regular elections
and the penalty for fraud and misconduct shall be the same.
Ballots
For the purpose of the regular Town elections, a separate form of
ballot shall be provided for each district, which ballot shall contain, in
addition to the names of the candidates for the Town Council running in
that district, the names of the candidates for those offices which are
voted upon at large. The ballots provided for the purpose of the municipal
election shall bear a party designation and shall contain a list of the
candidates by party under the offices to which they seek election.
Official ballots shall not be used as sample ballots but shall be used only
at the election. The officers of the election shall not supply any ballots
to any person except one ballot to each voter, proper to his district, as
he enters the polls to vote. In the event of spoilage of a ballot, the
spoiled ballot must be returned by the voter to entitle him to a new
ballot. No ballot other than those supplied by the officers of election
shall be used at the municipal election and the ballots shall contain only
the names of candidates who have duly filed as hereinbefore described.
Council may by ordinance provide for the use of voting machines in
municipal elections.
ARTICLE X: GENERAL PROVISIONS
1001 Bonding of City Officials and Employees
The Mayor, and such other officers and employees of the Town of Elsmere
as the Town may require, shall give bonds for faithful performance of their
26 Chapter 3
duties in such amounts and with such surety as may be approved by the
Council or otherwise provided herein. The premiums on such bonds shall be
paid by the Town of Elsmere. Failure to give such bond, with surety, shall
work an automatic forfeiture of office and the vacancy created thereby
shall be filled as herein provided in the case of other vacancies.
1002. Oath of Office
Every member of the Council, the Town Treasurer, the heads of all Town
Departments, and other such officials or employees as Council may by
ordinance require, shall, before entering upon the duties of their office,
take and subscribe to the following oath or affirmation, to be filed and
kept in the office of the Secretary:
'I do solemnly swear (or affirm) that I will support the
Constitution of the United States, and the Constitution of the State of
Delaware, and that I will faithfully discharge the duties of the office
of according to the best of my ability.'
The Mayor, Members of Council, and the Secretary of the Council shall
have the power to administer oaths required by this Charter.
1003 Severability of Charter Provisions
If any provisions of this charter or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect
other provisions or applications of this Charter which can be given effect
without the invalid provisions or applications, and to this end the
provisions of this Charter are declared to be severable.
ARTICLE XI: TRANSITIONAL PROVISIONS
1101. Former Government in Force
All ordinances, resolutions, orders, rules or regulations in force in
the Town of Elsmere at the time when this Charter takes effect, regardless
of the authority under which originally enacted, shall continue in full
force and effect until the Council otherwise provides by ordinance, except
to the extent that any such ordinance, resolution, order, rule or
regulation may be in contravention of this Charter.
1102. Continuance in Office
All employees of the Town of Elsmere at the time this Charter goes into
effect shall continue in such employment and shall draw the same rate of
compensation as during the month preceding the adoption of this Charter
until removed or until the compensation is changed.
The Mayor and the Council holding office on the effective date of this
Charter shall continue as the Mayor and the Council until their successors
are elected and qualify.
1103. Effective Date
This Charter of the Town of Elsmere shall take effect upon the
qualification of the Town officers elected in accordance with Article IX;
but the sections of this Charter governing registration, election districts
and elections shall take effect immediately.
This Charter as amended shall become effective pursuant to the
provisions of 22 Del. C. §801, et seq.
Approved January 30, 1991.
Chapter 3 27
28
CHAPTER 4
FORMERLY
HOUSE BILL NO. 1
AN ACT CONCURRING IN A PROPOSED AMENDMENT TO ARTICLE II OF THE CONSTITUTION OF
THE STATE OF DELAWARE RELATING TO GAMBLING.
WHEREAS, an amendment to the Constitution of the State of Delaware was
proposed in the 135th General Assembly, being Chapter 241, Volume 67, Laws of
Delaware, as follows:
"AN ACT PROPOSING AN AMENDMENT TO ARTICLE II OF THE CONSTITUTION OF THE
STATE OF DELAWARE RELATING TO GAMBLING.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of
all members elected to each House thereof concurring therein):
Section 1. Amend Section 17, Article II of the Constitution of the State
of Delaware by striking subsection (c) of said section, and substituting in
lieu thereof the following:
'(c) Wagering or betting by the use of pari-mutuel machines or
totalizators on horse races conducted at racetracks within or without the
State, provided that such wagering or betting may be conducted only either:
within the enclosure of any racetrack licensed under the laws
of the State to conduct a race meeting, or
within the enclosure of any racetrack licensed under the laws
of the State to receive and accept wagers or bets on electronically
televised simulcasts of horse races.'"
WHEREAS, the said proposed amendment was adopted by two-thirds of all
members elected to each House of the 135th General Assembly.
NOW, THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds
of all members elected to each House thereof concurring therein):
Section 1. The said proposed amendment is hereby concurred in and adopted,
and shall forthwith become a part of the Constitution of the State of Delaware.
Approved January 24, 1991.
29
CHAPTER 5
FORMERLY
SENATE BILL NO. 6
AN ACT TO AMEND TITLE 10, DELAWARE CODE, RELATING TO LIMITATION OF LIABILITY
FOR OIL AND HAZARDOUS MATERIAL DISCHARGE CLEANUP.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 81, Title 10 of the Delaware Code by adding
thereto a new Section to read as follows:
18135. Limitation on Liability of Third Parties Rendering Assistance in
Oil or Hazardous Material Discharge Cleanup.
The provisions of any law, rule or regulation to the contrary
notwithstanding, the liability of any person rendering care, assistance, or
advice to prevent, minimize or mitigate oil or hazardous material discharge
for any removal costs and damage caused by or related to such care,
assistance or advice shall be limited to acts or omissions of such person
which can be shown to have been the result of gross negligence, reckless,
wilful, wanton and/or intentional acts of misconduct on the part of such
person.
The limit of liability as set forth in Subsection (a) of this
Section shall not apply to the actions of any person responsible for the
initial discharge.
Any person responsible for the initial discharge is liable for any
removal costs and damages that another person is relieved of under
Subsection (a) of this Section.
This Section shall not be construed to limit any liability of any
person for personal injuries or wrongful death as a result of the acts or
omissions of such person."
Section 2. Amend Chapter 81, Title 10 of the Delaware Code by striking
§8134 in its entirety.
Approved January 31, 1991.
CHAPTER 6
FORMERLY
HOUSE BILL NO. 96
AS AMENDED BY HOUSE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 20, TITLE 30, DELAWARE CODE AND 64 DELAWARE LAWS,
CHAPTER 460 AS AMENDED RELATING TO ELIGIBILITY FOR BUSINESS TAX CREDITS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Section 2010 of Chapter 20, Title 30, Delaware Code by
striking the date "1991" as the same appears in subsections (4) and (5)
thereof, and substituting in lieu thereof the date "1992".
Section 2. Amend Section 12 of 64 Delaware Laws, Chapter 460 as amended by
67 Delaware Laws, Chapter 120 by striking the date "1991" as the same appears
in said section and substituting in lieu thereof the date "1992".
Section 3. If any provision of this Act, or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of this Act that can be given effect without the
invalid provision or application, and to this end the provisions of this Act
are severable.
Section 4. This Act shall be effective as of January 1, 1991.
Approved February 8, 1991.
30
CHAPTER 7
FORMERLY
HOUSE BILL NO. 87
AN ACT TO AMEND TITLE 29 RELATING TO LIMITATIONS ON THE ISSUANCE OF DEBT AND
OTHER OBLIGATIONS BY THE STATE AND ITS AGENCIES AND AUTHORITIES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Section 7422, Title 29, Delaware Code shall be deleted and in
its place shall be substituted the following:
17422. Limitations on debt and other obligations.
(a) For the purposes of this section
(1) 'Tax supported obligations of the State' means (A) all
obligations of the State or any agency or authority thereof to, which the
State's full faith and credit is pledged to pay directly or by guarantee and
all obligations of the State or any agency or authority thereof extending
beyond one year with respect to the lease, occupancy or acquisition of
property which are incurred in connection with debt financing transactions
(e.g., certificates of participation) and which are payable from taxes, fees,
permits, licenses and fines imposed or approved by the General Assembly. Tax
supported obligations do not include (A) obligations incurred to acquire a
like principal amount of full faith and credit obligations issued by a local
school district to the extent such local school district obligations are not
in default, (B) any obligations of the Delaware Transportation Authority; or
any tax or other revenue anticipation notes or bonds of the State.
(2) 'Transportation Trust Fund debt obligations' means all debt
obligations of the Delaware Transportation Authority, including all
obligations extending beyond one year with respect to the loan, occupancy or
acquisition of property which are incurred in connection with debt financing
transactions (e.g., certificates of participation), and which in any case are
payable from the Transportation Trust Fund.
(3) 'Aggregate maximum annual payments' on all tax supported
obligations and all Transportation Trust Fund debt obligations outstanding,
(plus certain Lease Obligations as described in Subsection (c) below), means
the maximum payments due with respect to all such obligations in any one
fiscal year. In any case where the terms of any such obligation include
limitations on the incurrence of additional debt, the determination of maximum
annual payments with respect to such obligation shall be determined
consistently with those terms.
The aggregate principal amount of tax supported
obligations of the State which may be authorized by the State in any one
fiscal year may not exceed 51 of the estimated net General Fund revenue for
that fiscal year from all sources, (not including unencumbered funds remaining
at the end of the previous fiscal year) as determined by the joint resolution
approved by a majority of the members elected to each House of the General
Assembly and signed by the Governor In connection with the adoption of the
annual Budget Appropriation Bill for that fiscal year. Any amount of tax
supported obligations which are duly authorized in any fiscal year within the
limits of this subsection, and then are later deauthorized, may subsequently
be reauthorized without regard to the authorization limit otherwise provided
by this subsection.
No tax supported obligation of the State and no
Transportation Trust Fund debt obligation of the Delaware Transportation
Authority may be incurred if the aggregate maximum annual payments on all such
outstanding obligations (plus certain Lease Obligations described below) will
exceed 15% of the estimated aggregate General Fund revenue from all sources,
(not including unencumbered funds remaining at the end of the previous fiscal
year), plus estimated Transportation Trust Fund revenue for the fiscal year in
which such obligation is incurred, such estimated revenue as determined by the
most recent joint resolution approved by a majority of the members elected to
each House of the General Assembly and signed by the Governor. The Lease
Obligations referred to in the preceding sentence shall mean (I) all
Chapter 7 31
obligations of the State or any agency or authority thereof which are payable
from taxes, fees, permits, licenses and fines imposed or approved by the
General Assembly and (ii) all obligations of the Delaware Transportation
Authority which are payable from the Transportation Trust Fund, which in
either case extend beyond one year and are with respect to the lease,
occupancy, or use of property. For the purposes of this subsection, the
maximum annual payments on the above-described Lease Obligations shall be as
of the first day of the fiscal year of reference as certified by the Secretary
of Finance.
No obligation to which the State's full faith and credit
is pledged may be incurred if the maximum annual debt service payable in any
fiscal year on all such outstanding obligations will exceed the State's
cumulative cash balances for the fiscal year in which such obligation is
incurred as determined by the joint resolution approved by a majority of the
members elected to each House of the General Assembly and signed by the
Governor in connection with the adoption of the annual Budget Appropriation
Bill for that fiscal year. For the purposes of this subsection, there shall
not be included (i) obligations incurred to acquire a like principal amount of
full faith and credit obligations issued by a local school district to the
extent such local school district obligations are not in default, (ii) general
obligation bonds of the State issued prior to January 1, 1987 for
transportation related projects as certified by the Secretary of Finance, or
(iii) tax or other revenue anticipation notes of the State.
There shall be attached to every bill and amendment
introduced in the House of Representatives and/or in the Senate, of the
General Assembly, which authorizes the incurrence of a tax supported
obligation described in subsection (b), a debt statement in substantially the
following form:
Office of State Treasurer
Debt Limit Statement Dated
This Debt Limit Statement to be attached to
as required by Section 7422, Title 29 Delaware Code.
(1) DEBT LIMIT - PROJECTED REVENUE
Estimated General Fund revenue
for the fiscal year ending June
30, as per the joint
resolution of the House and
Senate and signed by the Governor
in connection with the adoption
of the annual Budget
Appropriation Bill for that
fiscal year
Multiply by 5% .05
Maximum aggregate principal
amount of tax supported
obligations which may be
authorized by the State in the
fiscal year ending June 30,
(2) TAX SUPPORTED OBLIGATIONS PREVIOUSLY AUTHORIZED IN THE FISCAL YEAR (and
which have not been deauthorized)
Aggregate principal amount of
general obligations of the State
Aggregate principal amount of
obligations guaranteed by a
pledge of the State's full faith
and credit
Aggregate principal amount of
32
obligations extending beyond one
year with respect to lease,
occupancy or acquisition of
property and incurred in
connection with debt financing
transactions
(d) Less obligations to acquire local
school district bonds
(e) Less tax and other revenue
anticipation obligations
(0 Total previously authorized tax
supported obligations subject to
debt limit
(3) TAX SUPPORTED OBLIGATIONS TO BE AUTHORIZED PURSUANT TO THE APPENDED
LEGISLATION
(a) Aggregate principal amount of
general obligations of the State
. (b) Aggregate principal amount of
obligations to be guaranteed by a
pledge of the State's full faith
and credit
Aggregate principal amount of
obligations extending beyond one
year with respect to lease,
occupancy or acquisition of
property to be incurred in
connection with debt financing
transactions
Less obligations to acquire local
school district bonds
Less tax and other revenue
anticipation obligations
Total aggregate principal amount
of tax supported obligations
subject to debt limits to be
authorized pursuant to appended
legislation
(4) REMAINING DEBT LIMIT (I) (2) (3)
(f) The joint resolution referred to this Section shall be in
substantially the following form:
Joint Resolution No.
The Official Estimates of General Fund and Transportation Trust
Fund Revenue For Fiscal Year
WHEREAS, Section 7422 of Title 29 Delaware Code imposes certain
limitations on the authorization and incurrence of debt by the State and the
Delaware Transportation Authority based in part on estimated General Fund
revenue and Transportation Trust Fund revenue for the fiscal year;
NOW, THEREFORE:
BE IT RESOLVED by the House of Representatives and the Senate of
the 136th General Assembly of the State of Delaware with the approval of the
Governor that the following are adopted as the Official estimates with respect
to revenues for fiscal year
Gross General Fund Revenue
Revenue Refunds
Net General Fund Revenue
Unencumbered Funds
Transportation Trust Fund Revenue"
Chapter 7
Chapter 7 33
Section 2. Section 7423, Title 29, Delaware Code shall be deleted and in
Its place shall be substituted the following:
17423. DEFAC Monitoring of Debt Limits.
The Delaware Economic and Financial Advisory Council shall monitor the
application and effect of the debt limits imposed by Section 7422 and shall
report annually to the General Assembly and the Governor with respect thereto
and shall include in such reports any recommendations with respect to such
debt limits and the then current Debt Affordability Study prepared by the
Department of Finance."
Section 3. This Act shall become effective July 1, 1991.
Approved February 11, 1991.
34
CHAPTER 8
FORMERLY
HOUSE BILL NO. 88
AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2
AND SENATE AMENDMENT NOS. 2, 3, 5, 7 AND 8
AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO AN EARLY RETIREMENT
OPTION FOR STATE EMPLOYEES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Title 29, Delaware Code by deleting Chapter 53 in its
entirety and substituting in lieu thereof a new Chapter 53 to read as follows:
"CHAPTER 53. EARY RETIREMENT OPTION FOR STATE EMPLOYEES
Subchapter 1. General Provisions
§ 5301. Early Retirement Option.
(a) This Chapter provides a one-time Early Retirement Option to State
employees covered under Chapter 55 of this Title who were employees as defined
in Chapter 55 of this Title between December 1, 1990 and the effective date of
this Act.
(b) Elected officials shall not be eligible for this Early Retirement
Option for the pension they are entitled to receive under § 5527(d) of this
Title.
(c) Except as provided hereinafter, employees who meet the eligibility
requirements as contained in § 5306 and § 5307 of this Chapter must make their
election to retire under this option on the following schedule:
Eligible employees of the State Department of Public Instruction,
a school district which is part of the State school system, the University of
Delaware, Delaware State College, or Delaware Technical and Community College
must make their elections between March 15, 1991 and April 19, 1991.
All other eligible employees must make their elections between
February 1, 1991 and March 15, 1991, however, all members of the Delaware
National Guard or members of the U.S. Armed Forces Reserves who have been
called to active duty must make their elections within 45 days of the date
they are no longer on active duty.
These elections must be made in a form approved by the Board of
Pension Trustees and shall be irrevocable.
If it is determined by the State Pension Administrator that an
employee is or was unable to make this election in a timely manner due to
circumstances beyond the employee's control, the Administrator may extend the
time period for making the election beyond the periods specified in this
subsection.
In the event an eligible employee, prior to February 15, 1991,
requests a computation of such employee's prospective pension benefit by the
State Pension Administrator, the election required in subsections (d)(1) and
(d)(2) of this Section need not be made until ten (10) days after the State
Pension Administrator has provided the employee, in writing, the amount of the
pension benefit said employee will be entitled to receive.
(d) Employees who elect the Early Retirement Option must terminate their
employment on the following schedule:
(1) Except as provided hereinafter, employees who elect the option
under (c)(1) of this Section, must terminate their employment on June 30, 1991
and their pensions will be effective July 1, 1991. Payment for unused sick
and vacation pay for these employees will not be disbursed until after June
30, 1991.
Except as provided hereinafter, employees who elect the option
under (c)(2) of this Section, must terminate their employment on May 31, 1991
and their pensions will be effective June 1, 1991. Payment for unused sick
and vacation pay for these employees will not be disbursed until after June
30, 1991.
Employees of the State Pension Office who meet the eligibility
requirements under §§5306 and 5307 of this Chapter and who elect the
Early Retirement Option will be eligible to retire under the
option not earlier than December 31, 1991 nor later than December 31, 1992
unless an earlier date is approved by the State Pension Administrator.
Employees who elect the Early Retirement Option and who are deemed
to be essential to the normal operation of state government shall have their
termination date extended up to twelve months provided such extension is
approved unanimously in writing, by a committee, herein referred to as the
'Early Retirement Option Delayed Retirement Committee', comprised of the
Director of State Personnel, the State Budget Director, and the Controller
General.
Employees who elect the Early Retirement Option under this Chapter
shall be considered to have also been eligible, for purposes of computing
their pensions under §5527 of this Title, to receive a service or disability
pension under the provisions of Chapter 55 of this Title which were in effect
immediately prior to the effective date of the 1976 Pension Act.
No employee whose pension under Chapter 55 of this Title is effective
prior to January 1, 1991 shall be eligible for the Early Retirement Option
contained in this Chapter.
Notwithstanding provisions of this Chapter to the contrary, employees
who retire under the Early Retirement Option contained in this Chapter may
contract with the State for personal services, as an independent contractor,
for a period not to exceed twelve (12) months provided such contractual
arrangement is approved unanimously, in writing, by the 'Early Retirement
Option Delayed Retirement Committee' established by this Chapter.
The Director of State Personnel shall submit to the Controller
General, Budget Director and the Secretary of Finance by December 1, 1991, a
report containing the specific disposition of each former employee electing
retirement under the provisions of this act and the disposition of each
position so vacated. This report shall continue to be submitted on or before
every December 1 through calendar year 1994.
The content of said report shall be comprised of the State employment
status of each individual electing retirement under the provisions of this
act, the position number of the position so vacated, the disposition of the
position (deleted, transferred, reclassified, etc.), the actual budgetary
savings associated with the vacated position, the original funding source for
the vacated position and the actual budgetary savings net of the full
retirement cost associated with the retired individual. The accounting period
for the preceding actual statistics will be the prior fiscal year.
Further, the report shall, for each affected position for the current
fiscal year, estimate the budgetary savings net of the full retirement cost
regardless of funding source.
§5302. Definitions.
'Employee' shall mean an individual who meets the definition of an
employee as defined in § 5501(a), Chapter 55, Title 29, Delaware Code, which
is in effect on the date this Chapter is enacted into law.
'Credited Service' shall mean, for any individual, service as defined
in §5501(b), Chapter 55, Title 29, Delaware Code, except that the provisions
contained in § 5501(b)(8), (9), (10), and (11), requiring that the payment for
service purchased under these subsections be made prior to the issuance of his
or her pension check, may be waived by the State Pension Administrator for any
individual for a period not to exceed two (2) months if such waiver is deemed
by the Pension Administrator to be necessary to carry out the provisions of
this Chapter.
Chapter 8 35
For purposes of this Chapter, those individuals who must terminate
employment on May 31, 1991 in accordance with § 5301(d)(2) of this Chapter,
will receive credited service for the month of June 1991 in determining their
eligibility for the Early Retirement Option provided by this Chapter but that
service will not be used in determining the amount of their pension benefits.
The definitions contained in § 5501(c), (d), (e), (f), (g), (h), and
(i), Chapter 55, Title 29, Delaware Code which are in effect on the date this
Act is enacted into law shall apply to this Chapter.
§ 5303. Employment of Pensioners.
(a) An individual shall not receive a service or disability pension under
this Chapter for any month during which he or she is an employee as defined in
§ 5302(a) of this Chapter, nor may an individual receiving a service pension
under this Chapter be an employee as defined in § 5302(a) of this Chapter for
a period of five (5) years from the date of retirement under this Chapter,
unless he or she is:
An official elected by popular vote at a regular State election; or
An official appointed by the Governor; or
A temporary employee whose earnings from such temporary employment
do not exceed the amount of earned income allowable by the United States
Social Security Administration without affecting social security benefits. If
a temporary employee does exceed the allowable earned income, his or her State
pension shall be reduced using the same formula as used by the United States
Social Security Administration to reduce social security benefits for such
excess earnings.
An individual who has retired under this Chapter or Chapter 55 of
this Title and who has been rehired by the Pension Office to work on the
implementation of the Early Retirement Program shall not be subject to the
earnings limitation as contained in § 5303(a)(3) of this Chapter or
§5502(a)(3) of Chapter 55 of this Title until December 31, 1991.
(b) An individual who has retired under this Chapter shall not contract
with the State for personal services, as an independent contractor, for a
period of five (5) years from the effective date of his or her retirement,
unless he or she qualifies for one of the exceptions contained in (a)(1)
through (a)(4) of this Section.
§5304. Attachment and Assignment of Benefits.
The benefits provided by this Chapter shall not be subject to attachment or
execution and shall be payable only to the beneficiary designated and shall
not be subject to assignment or transfer.
§5305. University of Delaware.
For persons employed by the University of Delaware, the provisions
contained in § 5505, Chapter 55, Title 29, Delaware Code, which are in effect
when this Act is enacted into law, shall apply to this Chapter.
Subchapter I

LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND THIRTY- SIXTH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 8, A. D.
1991
SECOND SESSION COMMENCED AND HELD AT DOVER
On Thesday, January 14, A. D.
1992
VOLUME LX VIII
Part I